HomeMy WebLinkAbout17- Ordinance 1960 Kable Subdivision Annexation Zone Map Amendment i
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ORDINANCE NO. 1960
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.5245 ACRES TO R-3,RESIDENTIAL MEDIUM DENSITY DISTRICT AT
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2406 DURSTON ROAD AND 505, 515 and 525 NORTH 25111 AVENUE INCLUDING
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ADJACENT PUBLIC RIGHT OF WAY.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302,Mont. Code Ann.; and
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WHEREAS, Section 76-2-305,M.C.A. allows local governments to amend zoning maps r
if a public hearing is held and official notice is provided; and
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WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A..; and
WHEREAS,Chapter 38,Article 37 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
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WHEREAS,the proposed zone map amendment to amend the City of Bozeman Zone Map .
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to establish an initial zoning classification of R-4 (Residential High Density District) for
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Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment
approximately 1.5245 acres of the property has been properly submitted,reviewed and advertised;
and
WHEREAS,the Bozeman Zoning Commission held a public hearing on July 19, 2016,to
receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on August
22, 2016, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS,the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-3,Residential Medium Density District:
Lots 5, 6, 7 and 8, Block 2, Kahle Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, located in the Northeast Quarter of Section 11, Township 2 South,
Range 5 East of P.M.M., and that pant of adjacent North 25`h Avenue, all
described as follows:
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Ordinance 1960,Kable Subdivision Annexation Zone hlap Amendment
Beginning at the northwest corner of Lot 8, Block 2, said Kable Subdivision;
thence easterly 089°19'40",assumed azimuth from north, 196.07 feet along the
north line of said Lot 8 and its easterly extension to the northeast corner of said
Kable Subdivision; thence southerly 180°57'43" azimuth 337.19 feet along the
east right of way line of North 25th Avenue;thence westerly 269°21'00" azimuth
195.92 feet along south line of said Lot 5 and its easterly extension to the
southwest coiner of said Lot 5;thence northerly 000'56'14" azimuth 337.11 feet
along the west line of said Lots 5 through 8 inclusive to the Point of Beginning.
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Area of Lots 5, 6, 7 and 8=46,176 square feet, 1.0601 acres or 4,289.9 square
meters. Subject to existing easements.
Area of adjacent North 25th Avenue=20,231 square feet, 0.4644 acres or 1879.5
square meters. Subject to existing easements.
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Total area=66,407 square feet, 1.5245 acres or 6,169.4 square meters. Subject to
existing easements.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
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Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
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Ordinance 1960,Kable Subdivision Annexation Zone Map Amendment
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled"Zone Map Amendments."
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 61h day of February, 2017.
cv,t, ?14---1
CARSON TAYLOR
Mayor
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Ordinance 1960,Kable Subdivision Annexation Zone Map Amendment
ATTFS I 130
'
ROBIN G41 -
City Clerk 3 ° r
. • NOt' .
FIN41GY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 27"' day of
February, 2017. The effective date of this ordinance is March 31, 2017.
CARSON TAYLOR
Mayor
ATTEST:
B o.,>
ROB N CROUG .714 7
City Clerk
1883
y�o Ito AP OVED AS O FORM:
GRFtGXULLIVAN
City Attorney
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Page 5 of 5
LOTS 5-8, BLOCK 2, KABLE SUBDIVISION
ZOAE MAP AMEAM9VT
LOCATED IN THE NE 114 OF SECTION 11, T. 2 S., R. 5 E. OF P.M.M.,
GALLATIN COUNTY, MONTANA
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O O "I Y�I ANNIE SUBDIVISION
SUBDIVI�ION PHASE 1`Y'`�IIIGz'±'llV ry�I � PHASE 3C
LEGEND LOT 7 l a LOT 9 e0
<I LOT 4� LOT 1
....�..r s� DENOTES ANNEXATION BOUNDARY R R
DURBTON ROAD
AND NEW ZONING BOUNDARY g— _ g g D g �_
—CITY LIMITS— DENOTES EXISTING CITY LIMITS BOUNDARY • • , — i0 w_ _
w—EXISTING WATER MAIN 7— I
—ss EXISTING SANITARY SEWER MAIN 8 LOT 8 1
sT —EXISTING STORM SEWER MAIN I ,aj.,.b TRACT 1, COS 18
7 �55
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H0'LOT
6 MLOT,',6 I LOT 6 cr p
a - O
I, 5 �� IZ LOT,! 5 LO�Q xU I
, 92 2IW210 I I
3-:LOT' ESW21100 •a� � o
4I � 4 LOT4 o II
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LOT 3 ,LOT 3 la I 1 1
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LEGAL DESCRIPTION — LAND TO BE ANNEXED
Late 5, 6, 7&B, Block 2, Koble Subdivision and all of North 25th Avenue, according to the plot thereof, an file and
of record in the office of the Clerk and Recorder,Gallatin County, Montano, located in the Northeast Quarter of Section
11,Township 2 South, Range 5 Eastof P.M.M., and further described as follows:
Beginning at the northwest comer of Lot B. Block 2, said Kahle Subdivision; thence easterly 089'19'40', assumed
azimuth from north, 196.07 feet along the north line of sold Lot 8 and its easterly extension to the northeast comer
Of said Kable Subdivision; thence southerly 180'57'43'azimuth 337.19 feel along the east right of way line of North
Scale In Feet 25th Avenue; thence westerly 269'21'00'azimuth 195.92 feet along south line of said Lot 5 and its easterly extension
100 0 0 to the southwest corner of sold Lot 5; thence northerly 000'56'14'azimuth 337.11 feat along the west line of said
LLots 5 through B inclusive to the Point of Beginning.
30 0 30
Scale In lfeters Area of Lot 5, 6, 7, and 8 = 46,176 square feet, 1.0601 acres or 4.289.9 square meters. Subject to existing
easements.
Area of North 25th Avenue right of way — 20,231 square feet, 0.4644 acres or 1,879.5 square meters.
Subject to existing easements.
Total area = 66,407 square feet, 1.5245 acres or 6,169.4 square meters. Subject to existing easements.
NOTES
1. There are no known wetlands on the property to
be annexed.
DATE PREPARED: 07/14/16
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